Jose Alvarenga — ADJ11443488

Applicant Jose Alvarenga was awarded compensation by the WCJ, who found that Labor Code section 3208.3(d) did not bar his psychiatric claim because the injury was caused by a sudden and extraordinary employment condition, that he sustained psychiatric and internal medicine injuries, and that apportionment did not apply. Defendant sought reconsideration, arguing applicant failed to prove the event was uncommon, unusual, and unexpected, that QME Dr. Alberto G. Lopez lacked qualifications to opine on employability and to rebut the scheduled rating, and that his impairment opinion was not substantial medical evidence. The Appeals Board granted reconsideration solely to order transcription of the April 20, 2026 trial testimony, finding that a transcript was necessary to properly evaluate the sudden and extraordinary event issue. The Board emphasized this was not a final decision on the merits and deferred issuance of the final decision after reconsideration. The Board also addressed its timely action under the newly applicable section 5909.